Nigerian human rights lawyer Femi Falana, SAN, has appealed to Gambian President Adama Barrow to withdraw charges against The Voice Newspaper and its journalists following their recent arrests linked to a controversial article.
Musa S. Sheriff, the Managing Editor of The Voice, and reporter Momodou Justice Darboe were charged with disseminating false information under Section 181A of The Gambia’s Criminal Code. This came after the newspaper published a piece suggesting that President Barrow was developing an exit strategy ahead of the forthcoming presidential elections.
The article, which appeared in the September 23, 2024, edition, claimed that Barrow had identified relatively unknown politician Muhammed Jah as a potential successor, a decision that reportedly caused concern among members of the ruling National People’s Party (NPP).
In reaction to the article, President Barrow’s legal representatives, Ida D. Drammeh and Associates, sent a letter on September 25 demanding a retraction and apology from The Voice, threatening a costly civil lawsuit if their demands were not met.
Falana criticized the government’s actions, stating that the president should have publicly denied the claims rather than resorting to legal intimidation. He urged Barrow to drop the charges and support press freedom in Gambia.
In a letter addressed to President Barrow, which was obtained by SaharaReporters, Falana argued that it is not too late for the government to reconsider its stance in this controversial case for several reasons.
He remarked, “The trial of the journalists presents a significant political embarrassment, as it is based on a law established during the discredited Yahya Jammeh regime.”
Falana also stated that the trial has led to accusations of political opportunism against the government, especially after it accepted the Truth, Reconciliation and Reparation Commission’s recommendation to repeal Section 181A of the Criminal Code.
He pointed out that the trial is illegal and void, citing the Economic Community of West African States (ECOWAS) Court’s declaration regarding Section 181A. As long as Gambia is an ECOWAS member, it cannot ignore this ruling in favor of domestic court decisions.
Falana emphasized that the Gambian government is obligated to comply with the African Charter, the International Covenant on Civil and Political Rights, and the Revised ECOWAS Treaty.
He noted that Gambia has been one of the most compliant ECOWAS member states regarding court rulings since the post-Jammeh era.
“This recent attempt to enforce a draconian law from the Jammeh era contradicts that reputation and undermines the government’s commitment to restoring the rule of law, human rights, and democratic governance,” he asserted.
In light of these considerations, Falana called on the Barrow administration to withdraw all charges against Musa Sekou Sheriff and Momodou Justice Darboe and to repeal Section 181A of the Criminal Code, in strict adherence to the ECOWAS Court’s valid judgment.
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